I am posting a copy of a letter I received detailing better than I the bail situation in Indiana. This is FYI for any Indiana Bailbondsmen (women) or Recovery Agents who are on this forum who have not yet received this letter (provided this is not a scam of course):
http://www.nwitimes.com/articles/2005/0 ... 10d6dd.txt
"Dear Bail Agent, Recovery Agent, or Insurer:
My name is Herb Smith. I've been a bail agent in Northwest Indiana for fifteen years. I -am writing you today asking for your support and help to save commercial bail in Indiana.
As you may know our business and way of life is being seriously challenged by the 10% cash bond along with the so-called credit card processor. Judges are choosing cash bonds more and more as the only way defendants can be released from jail. This type of bail only ensures funding for their pet programs and to guarantee payment to private lawyers for their fees. In other words the good old boy system is looking after its own. Well... as bail agents we must look after our own and our way of life too.
Just recently, Lake County taxpayers (with my help), armed with information about bail and the Common School Fund filed a taxpayer's lawsuit against county government. (See newspaper article enclosed) The purpose of this law suit is to force a full accounting and collection of all funds due to the Common School Fund to support public education and reduce property taxes. As a result of this lawsuit, judges will be forced to forfeit cash bonds immediately per I.C. 35-33-8-7, and county government will have to pursue collection of the remaining 90% of the bail bond when a defendant fails to appear in court as required.
I.C. 35-33-8-7 indicates that a cash bond shall be forfeited and judgment shall immediately be entered unless the court makes a finding that there was justification for the defendant's absence, or a civil suit is pending arising from the same occurrence as the criminal case. Furthermore, the Indiana Supreme Court has said the cash bond must be forfeited even if the defendant later appears. Lake County Clerk's Office v. Smith, 766 NE2d. 707 (Ind. 2002).
As you and I know most judges willfully disregard the above law simply because it satisfies their own needs and private interest. For that reason the taxpayers have come together to force judges back to their proper place. So, how does this lawsuit benefit bail agents? Bail agents benefits in three ways; 1. When the taxpayers win, bail agents win too. 2. Judges will be forced to follow I.C. 35-33-8-7, which says this type of bail must be forfeited immediately except under narrow circumstances.
3. County government will be forced to transfer the cash deposited with the clerk to the county auditor at the end of each month per Indiana law and pursue collection of the remaining 90% of the bail bond for transfer to the Common School Fund.
We all know taxpayers want better schools for their kids but don't want to pay higher taxes, so forcing judges to follow the state's constitution and laws help solves this dilemma at no added cost.
This fight was fought and won by the taxpayers, but must be fought again. In 1955 the Indiana Supreme court rule in favor of the taxpayers in similar case and stated, "The taxpayer ... has an important interest in protecting the constitutional source from which the [Common School] fund is derived " Mitsch v. City of Hammond, 234 Ind. 285, 291, 125 NE.2d 21, 27 (1955). Bail bond forfeiture is one of the protected sources that fund the Common School Fund.
Ok, with all of that said, it's quite evident that the taxpayer can win this type of lawsuit. Therefore I'm asking for your help by making a contribution of $50.00 to help fund this suit and save commercial bail in Indiana. Fifty Dollars isn't much to ask to save our chosen profession. So, please help if you can and if you can give more it will be greatly appreciated.
Attorney Walker is licensed in Illinois and Indiana and is not afraid to tackle this type of lawsuit.
Please make your check payable to, The Walker Law Group and mail it to 1316 Broadway Gary, IN 46407-1309, I will forward all checks to Attorney Walker.
If you should have any questions please don't hesitate to give me a call at 1-800 254-2245.
Your contribution is needed as soon as possible. Thanks for your support; for all of us,"
END QUOTE
